Florida can’t move the finish line on removal

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Nov 23, 2020 | 63 comments

A huge order came out of the 10th Circuit (Florida) in Polk County today. It’s extremely significant for anybody who is nearing the finish line and will become eligible to petition for removal under Florida Statute 943.0435(11).

Florida provides registrants only two opportunities to be removed from the State’s sex offense registry. The first applies only to Romeo and Juliet cases. The second is under 943.0435(11).

Prior to 2007, 943.0435(11) provided an opportunity to petition for relief after 20 years without subsequent arrest. In 2007, the State moved the finish line to 25 years and added a bunch of offenses that would render someone never able to petition for removal.

Today, a Circuit Court Judge ruled that the state can’t move the finish line. That alone, was a decision that is consistent with the same ruling judges in several other Florida Circuits have made, but what makes this one extra special is that the Judge expressly found the “2007 amendment to be punitive in nature”!

It’s rare and so refreshing when a Judge has the integrity to call things as they are.

A copy of the order (redacted, to avoid the petitioner the publicity he is trying to get rid of by seeking the order) can be found here

Updated: December 4, 2020 — 6:21 pm

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